TERMS OF USE

1. ACKNOWLEDGMENT

1.1 These Terms of Use (the “Terms”) govern the access to and use of the Platform. They also define relationships between us and the Users in order to establish the legal basis for the use of our Platform. We understand that legal documents can be difficult to read, so we tried to provide the necessary information simply and clearly.

1.2 These Terms, as well as other documents referenced in the Terms, together form the contract between a User and Ukrainian Hub Association, under which we provide our services. Any other documents that may be located on our Website are for guidance only.

1.3 By ordering consultations with our Mentors and/or using our Platform, you acknowledge that you have read and accepted these Terms. If You disagree with any part of these Terms then you may not access and use the Platform.

1.4 Should you have any questions, you can always contact us at +351939538620or email us at team@ukrainianhub.org.

2. DEFINITIONS

2.1 Ukrainian Hub Association (also “we“, “us“)— a non-profit organisation incorporated and existing under the laws of Portugal, NIPC 516987968, with its registered office at 7 Joaquim Rocha Cabral Str., 9B, 1600-075 Lisbon, Portugal.

2.2 Mentoring Platform or Platform — is an online platform available at the Website where Ukrainian technology companies and start-ups operating in Portugal and worldwide can find business assistance and support.

2.3 Website — a set of web pages located on a domain name [https://partnership.ukrainianhub.org/en] and administered by Ukrainian Hub Association.

2.4 User (also, “you“, “your“) — an individual who uses the Platform.

2.5 Mentor — an individual engaged by Ukrainian Hub Association who provides consulting services to Users in the field of doing business.

3. OUR ROLE

3.1 Ukrainian Hub Association owns and administers the Mentorship Platform which is designed to connect start-up companies and independent entrepreneurs with experienced Mentors.

3.2 We aim to provide quality mentoring and education opportunities to start-up companies and independent entrepreneurs and, therefore, engages experienced Mentors to provide related consulting services. 

3.3 The Mentorship Platform may include offers provided by our partners. Please note that we do not create or design the offers on our own; the offers and their details are determined by our partners.

4. OUR SERVICES

4.1 Ukrainian Hub Association undertakes to engage a Mentor selected by you for oral consulting services, and you undertake to accept the services as is and pay the respective fee as specified in these Terms.

4.2 The Mentor will provide the scope of consulting services chosen by you when planning a consultation with the selected Mentor. 

5. PRICE OF SERVICES AND PAYMENT

5.1 The price of services depends on the Mentor selected by the User and is indicated on the public page of the relevant Mentor on the Mentorship Platform.

5.2 The first meeting with the Mentor may be free of charge, provided that this is indicated on the public page of the relevant Mentor on the Mentorship Platform. Each subsequent meeting with the Mentor will be paid for as specified in clause 4.1 above.

5.3 You must pay for the consultation with a Mentor on a 100% prepayment basis.

5.4 Ukrainian Hub Association shall use the funds raised exclusively to finance the costs of its maintenance, implementation of the purpose (purposes, tasks) and activities determined by its constituent documents.

5.5 Payment for the services shall be made by means of a bank transfer of the relevant amount to the account of Ukrainian Hub Association. Payments through the Website shall be made by payment card or using a payment services.

5.6 To make a payment, you must provide his/her payment card details. This information will be used by the payment system and banks to process the payment. You are responsible for the accuracy and reliability of the provided information. Ukrainian Hub Association is not involved in payment processing and does not collect your financial data while making the payment.

5.7 The payment made shall be refunded in the cases specified in clauses 5.6, 9.5 and 10.4 below.

6. HOW MENTORS’ CONSULTATIONS ARE PROVIDED

6.1 Consulting services are provided online by meeting with the Mentor at a specified time using Google Meets or another platform. 

6.2 In order to schedule a consultation with a Mentor, you must perform the following actions:

(I) select the Mentor on the Mentorship Platform and click on his/her tab;

(II) on the Mentor’s public page, in the “Schedule a Consultation” section, select the required consultation and the time and date of its conduct;

(III) fill in the contact details and ask questions to the Mentor;

(IV) pay for the consultation.

6.3 After payment is made, you will receive an invitation to add the meeting to your calendar and a link to the video conference in Google Meets or another platform, which will be sent to the email specified during registration.

6.4 If you did not receive the invitation or made a mistake in the contact details, time or date of the consultation, you may contact Ukrainian Hub Association at team@ukrainianhub.org resolve the situation.

6.5 If you are unable to participate in the consultation with the Mentor for any reason, the obligations of Ukrainian Hub Association shall be deemed to be duly fulfilled, and the payment made by the User shall not be refunded. 

6.6 If you notify us of the inability to participate in the consultation more than 48 hours before the time of the consultation, we undertake to agree on a new time and date for the consultation within [5 days]. If this is not possible, we will refund the funds to you.

6.7 You undertake to receive consulting services from the Mentor only through the Mentorship Platform. You also undertake not to offer the Mentor to provide consulting services outside the Mentorship Platform, with or without payment. 

7. USE OF THE PLATFORM

7.1 By using the Platform, you agree:

(I) to provide the necessary data for registration of the session with a Mentor upon request;

(II) not to provide false, misleading, malicious and (or) fraudulent information;

(III) not to infringe the rights, reputation and goodwill of Ukranian Hub Association, including its intellectual property;

(IV) abide by these Terms and [Privacy Policy].

7.2 As for us, we are committed to:

(I) book a session with your chosen Mentor correctly and in a timely manner;

(II) inform you promptly of any possible changes to the session;

(III) send you the documents electronically in a timely manner.

8. FUNCTIONALITY OF THE PLATFORM

8.1 Ukrainian Hub Association will, as far as possible, maintain the Platform and ensure uninterrupted access to it. However, such access may be temporarily restricted due to maintenance, upgrades, crashes or other restrictions related to the operation of the network or servers without any prior warning.

8.2 Ukrainian Hub Association reserves the right to modify or suspend all or part of the access to the Platform or its functionality at its own discretion, temporarily or on a permanent basis.

9. OFFERS FROM PARTNERS

9.1 Any offers made available by our partners through the Platform may be governed by rules that are separate from these Terms.

9.2 If you decide to participate in and/or use such offers, please review the applicable rules. 

9.3 If the rules for an offer conflict with these Terms, the offer rules will apply.

10. INTELLECTUAL PROPERTY

10.1 All rights, title and interest in and to the Mentorship Platform, the Website and materials/objects posted on the Website, including, but not limited to, images, software code, logos, graphics, belong to Ukrainian Hub Association.

10.2 Ukrainian Hub Association may also use intellectual property rights objects that may belong to other persons on the Website on the basis of a relevant licence, agreement or other legal basis.

10.3 Ukrainian Hub Association grants the User a limited, non-exclusive, revocable and non-sublicensable licence to access and use the Website and the Mentorship Platform on the User’s devices for non-commercial purposes for personal use.

10.4 By granting the right for the User to use the intellectual property objects for the purposes of this Agreement, Ukrainian Hub Association does not transfer/grant any intellectual property rights to such objects and does not grant permission to use them for purposes other than those specified in the Agreement. 

10.5 Ukrainian Hub Association reserves the right to make changes to the Website and the Mentorship Platform from time to time.

11. DISCLAIMER. LIMITATION OF LIABILITY

11.1 YOU ACKNOWLEDGE THAT YOU USE THE PLATFORM AND THE INFORMATION PROVIDED AS IS, I.E. IN THE CONDITION AND VOLUME IN WHICH IT IS AVAILABLE AT THE TIME OF USE.

11.2 The Mentor conducts the consultation independently and provides it as is. The content of the consultation is the subjective opinion of the Mentor and is agreed between the Mentor and the User. 

11.3 Ukrainian Hub Association is not responsible for the content of the advice provided by the Mentor and the interaction between the Mentor and the User. Ukrainian Hub Association shall not be liable for any loss or damage that the User may incur in connection with the advice provided by the Mentor or as a result of the User’s use of the information received from the Mentor. 

11.4 Ukrainian Hub Association shall not be liable for the actions or omissions of the Mentor. If the Mentor, for one reason or another, was unable to conduct a consultation, the obligations of Ukrainian Hub Association shall be deemed to be duly fulfilled, and the payment made by the User shall not be refunded. 

11.5 In case the Mentor or the User informs Ukrainian Hub Association that the Mentor was unable to conduct a consultation within [5 hours] from the time of the scheduled start of such consultation, Ukrainian Hub Association undertakes to agree on a new time and date for the consultation with the same Mentor or find a suitable replacement within [5 days]. If this is not possible, Ukrainian Hub Association undertakes to refund the paid funds to the User. 

11.6 Ukrainian Hub Association makes reasonable efforts to find Mentors who are experts or specialists in the relevant fields. However, Ukrainian Hub Association cannot and does not provide guarantees regarding the accuracy, relevance and other qualitative characteristics of the information provided by the Mentor during the consultation, as well as the possibility of achieving specific results or goals from the consultation with the Mentor that the User may set for himself.

11.7 We cannot guarantee that the functionality of the platform will be continuous, error-free and free from defects. If you notice a malfunction on the website, we would greatly appreciate it if you could let us know and send an email at team@ukrainianhub.org.

11.8 Ukrainian Hub Association will not be liable for any damages resulting from the malfunctioning of the Platform as a result of its use or inability to use.

11.9 Ukrainian Hub Association will not be liable for any infringement of any third party’s intellectual property if such infringement was caused by your actions.

12. FORCE MAJEURE

12.1 The Parties shall be released from liability for partial or complete failure to fulfil their obligations under this Agreement if this was the result of force majeure circumstances that affected the performance of the Parties hereunder. 

12.2 Under force majeure, the Parties shall understand force majeure and other circumstances, such as unauthorised interference with the operation of the Website, technical failures of the contractors of Ukrainian Hub Association and other events caused by third parties, which occurred during the term of this Agreement, are unforeseeable and inevitable for the Parties and led to a malfunction of the Website. In this case, the term for the Parties to fulfil their obligations under the Agreement shall be postponed for the period during which such circumstances and their consequences are in force. 

12.3 The Party that has experienced force majeure shall notify the other Party in writing of the occurrence of such circumstances immediately, but not later than 10 (ten) days from the date of their occurrence. The notice shall contain data on the occurrence of such circumstances, their nature and possible consequences. 

12.4 The occurrence of force majeure shall be the basis for the refund of the funds paid by the User and the refusal of Ukrainian Hub Association to provide services in accordance with the payment made by the User if the force majeure lasts more than 10 days. 

12.5 In case of force majeure lasting more than 60 days, each of the Parties shall have the right to initiate unilateral termination of this Agreement. 

13. LIABILITY. DISPUTE RESOLUTION

13.1 In case of non-fulfilment or improper fulfilment of their obligations under this Agreement, the Parties shall be liable in accordance with the applicable laws of Portugal.

13.2 In case of disputes arising in the course of performance of this Agreement by the Parties, the Parties shall take all measures to resolve them through negotiations. In case of impossibility to resolve them through negotiations, the Parties reserve the right to apply to a court of competent jurisdiction in accordance with the current legislation of Portugal.

14. TERMINATION

14.1 You may terminate your relationship with the Platform at any time, free of charge and without explaining your decision. 

14.2 If (i) you breach these Terms, or (ii) it is necessary to protect our legitimate interests as well as the legitimate interests of other users or third parties, or (iii) to prevent fraud, we may:

(I) terminate any relations with a User immediately and without notice; and (or)

(II) restrict your access or use of the Platform.

14.3 Should it be necessary, we can notify you of such measures and ask you for clarification.

15. PERSONAL DATA

15.1 When using the platform, we may process your personal data. Such processing will be in accordance with the [Privacy Policy].

16. MISCELLANEOUS

16.1 The relations of the parties hereunder shall be governed by the laws of [Portugal].

16.2 Ukrainian Hub Association reserves the right to make changes or additions to these Terms at any time without prior notice by posting a new revision of the Terms on the Website. The revised version of the Terms shall enter into force after it was posted on the Website, unless otherwise is provided by the new version of the Terms.

16.3 In the event any provision or part of these Terms is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Terms, will be inoperative.